Offences
(1) A person who with intent to deny a right of access in terms of this Act— (a) destroys, damages or alters a record; (b) conceals a record; or (c) falsifies a record or makes a false record, commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years.
(2) An information officer who wilfully or in a grossly negligent manner fails to comply with the provisions of section 14 commits an offence and is liable on conviction to a fine, or to imprisonment for a period not exceeding two years.
(3) A head of a private body who wilfully or in a grossly negligent manner fails to comply with the provisions of section 51 commits an offence and is liable on conviction to a fine, or to imprisonment for a period not exceeding two years.
What this means in practice
- Destroying, hiding, altering or falsifying a record to deny access is a criminal offence — up to two years' imprisonment.
- So too is an information officer's or private-body head's wilful or grossly-negligent failure of the manual duties (ss.14 and 51). The manual is a criminal-liability matter, not just admin.
PopiGuard keeps your s.14/s.51 manual current and evidenced — the simplest way to stay clear of s.90.